Traumatic brain injury (TBI) decisions — 2014

The Veteran's post-concussion syndrome associated with traumatic brain injury is currently rated at 10 percent, the highest level of disability rating under Diagnostic Code 8045. The VA examiner found mild impairment in memory, attention, concentration, and executive functions but no objective evidence on testing. The Veteran reported occasional headaches that cause him to miss work or need a break.

The Veteran's claim for an effective date prior to October 23, 2008, for the award of a 100 percent disability rating for service-connected TBI is denied. The effective date is set at October 23, 2008 due to the liberalizing law that was in effect at that time.

The Board has remanded the case for additional development, including obtaining SSA records and arranging for medical examinations to determine the nature and etiology of any service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations.

The Veteran's claims for increased ratings for chronic headaches, PTSD, and TBI were denied. The maximum schedular ratings have already been assigned for these conditions.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for TBI residuals, but has denied the claim as the current TBI residuals are not related to in-service events.

The Veteran's appeal is being remanded for a hearing before the Board of Veterans' Appeals.

The Veteran has withdrawn his appeals for increased ratings related to PTSD, TBI with chronic headaches, and lumbosacral strain. The Board finds that the withdrawal is valid.

The Veteran's cervical spine disability is not service-connected, as it is secondary to a pre-existing low back disability.,Hearing loss and hypertension are not service-connected.

The Board has dismissed the Veteran's appeal of his claim for service connection for a right knee disability due to his request to withdraw it. The claims of entitlement to service connection for TBI residuals are denied as there is no evidence of a chronic condition in service or manifest within one year thereafter, and the current symptoms do not meet the criteria for TBI.

The Board denied service connection for frostbite of the feet, bilateral hearing loss, and tinnitus due to lack of evidence linking these conditions to service.,There is no direct evidence showing that current foot symptoms are related to cold weather exposure during service.

The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for residuals of traumatic brain injury.

The Board found that the Veteran does not have residuals of a traumatic brain injury or cranial nerve damage, and thus denied his claims for service connection.

The Board has decided to remand the case for additional development, including obtaining service treatment records from the Veteran's reserve service and providing an addendum VA medical opinion regarding the etiology of the Veteran's traumatic brain injury.

The Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) was dismissed as moot due to the assignment of a total schedular rating prior to his becoming unemployable.

Service connection for bilateral eye retinal detachment with retinal puckering status post laser repair was granted, and a compensable rating of 10% was assigned from November 13, 2006 to February 12, 2012. The Veteran is seeking an even higher initial rating.

The Veteran's claims for increased evaluations for frostbite residuals of the left and right lower extremities, as well as ankle sprains, have been denied due to the anatomical loss of these limbs.,Special monthly compensation has also been denied.

The Veteran's appeal for earlier effective dates for service connection has been denied as the earliest date of receipt of a claim is May 11, 2008.

The Veteran's PTSD is granted as service connected, with the diagnosis confirmed by a VA psychologist and supported by credible supporting evidence of a claimed in-service stressor. The status of his TBI claim remains pending due to insufficient evidence.